How do I transfer real estate through a will?

Transferring real estate through a will in California requires you to create a valid will. Valid wills must be in writing and signed by the person making the will (known as the “testator”). Witnesses must also sign the will in the presence of the testator. You can also create a holographic will in which the testator signs and writes the material provisions of the will in his own handwriting. In the will, the testator should specify who will inherit the real estate, known as the “beneficiary.” This can be done either by referring to the beneficiary by name or by referring to a class of people, such as “all of my children.” The testator can also name an alternate beneficiary. Once the will is drafted, it must be filed with the appropriate Probate Court. The court will then determine if the will is valid and, if so, will issue an order transferring the property to the beneficiaries. The executor of the estate (the person named in the will) must then take steps to transfer title to the property. Depending on the type of property, this may involve filing a deed with the county recorder, filing a “small estate affidavit” with the county assessor, or completing a variety of other documents as required by law. Once the title has been transferred, the property will belong to the designated beneficiary or beneficiaries. It is important to note that if the property is held in joint tenancy with right of survivorship, the will has no effect and the ownership of the property will automatically pass to the surviving joint tenant. In this case, the transfer of title is done by recording an affidavit of death with the county recorder.

Related FAQs

Can I transfer property without probate?
What is a death tax?
Can a will be amended or modified after it is signed?
What is intestate succession?
What is a holographic will?
What is the difference between a revokeable and irrevocable trust?
What if I want to challenge the validity of a will?
How can I protect my assets during probate?
Are there any limitations on what I can give away in a will?
What is the difference between a trust and a will?

How do I transfer real estate through a will?

Related FAQs

Related Blog Posts